S.20.3-18: Justice in Policing Act (Law'd)

[tmthforu94]

Justice in Policing Act

Section 1: Police Accountability
1. The Southern government shall keep a registry of police misconduct complaints and disciplinary actions that occur within the region. Any disciplinary actions may be accessed by the public
2. The Southern Attorney General shall be instructed to establish an independent process to investigate all cases of misconduct and excessive force used by the police.
3. In cases related to police brutality, it shall not be a defense or immunity to any action brought against a regional, state or local government official that the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that their conduct was lawful at the time when a person's rights secured by the Constitutions of the Commonwealth and of the Republic of Atlasia have not been appropriately protected.
4. All regional and local police departments shall be mandated for vehicles to be equipped with dashboard cameras.
5. All regional, state and local law enforcement agencies shall be required to establish anti-bias and anti-discrimination training programs. These programs must be ongoing with officers participating in continuous professional development.
6. No regional, state or local law enforcement officer may use chokeholds or other carotid holds in order to receive regional funding. No-Knock warrants are hereby banned in the South.
7. Use of force may only be used when necessary to prevent the death or serious bodily injury. Deadly force may only be used as a last-resort after de-escalation attempts have been attempted and there is a significant threat of death or serious physical injury to an officer or others.
8. Any officer who fires a weapon must immediately provide body camera footage and a detailed report of the incident and justification for use of a weapon. Failure to provide report or proof of misinformation may result in termination of employment.
9. In the event that a civilian requests or expresses need for medical attention, law enforcement shall be compelled to provide aid or transportation to an incapacitated subject.  Under no circumstance may physical force be applied to an individual requiring emergency medical care.

Section 2: Funding
1. $120 million shall be appropriated from reserves to regional, state and local agencies to carry out the clauses of Section 1.

Section 3: Implementation
1. All regional, state and local law enforcement agencies must be in compliance with this act by January 1, 2021.

Sponsor: Tmthforu94

48 hours for debate.

[tmthforu94]

No explanation needs to be given as to the background of this, as police brutality has been a center argument of discussion for months. This was something I emphasized during the campaign - my initial goal was to comb through federal law and try to get something passed federally, but seeing as how both Lincoln and Fremont are tackling the issue, I felt it was necessary for us to look at it as well.

This is largely inspired by the "George Floyd Justice in Policing Act" that has been introduced nationally in America. This act aims to target recent issues of police brutality, while also mandating additional training and requirements for officers to ensure we do whatever we can to prevent these acts from happening again. Note: rubber bullets were banned earlier in the session, and legislation several years ago required officers to have body cams. I did not include anything on criminal justice reform/prisons because there was also legislation like that previously passed to end private prisons by 2025.

Funding will be needed to help departments get into compliance with this - I hadn't done research yet on how much will be needed but wanted to go ahead and bring this to the floor so discussion can start.

[KoopaDaQuick 🇵🇸]

One question I have regards the meaning of §1.7 of this bill. How do we determine if a cop's actions are 'necessary to prevent...death or serious bodily injury' towards other persons? During an actual police-civilian interaction, the judgement of what is 'necessary' might vary drastically from officer to officer, civilian to civilian, and judge to judge.

[President Punxsutawney Phil]

could the elimination of qualified immunity be striken from the bill? Or, even better, have it not apply in the sorts of cases relating to police brutality but kept elsewhere?

[Holy Unifying Centrist]

I'm not super comfortable with some parts of this bill. I will add more of my thoughts later when I've had more time to think about this and do research. I'm not as informed on policing issues as I would like to be as of now.

But, I posted to say that I would like to add additional funding for police officers in exchange for them complying to additional regulations. I think this is a fair trade. Police officers are held to a higher standard and have to go through more training, but are compensated more to encourage people who would make good police officers to join the force. I'm thinking a 10% pay raise for police officer salaries would be appropriate.

[The world will shine with light in our nightmare]

A suggestion from across the pond: require police to provide medical care to suspects who request it, regardless if they are intoxicated or if an officer thinks they are making it up.

[President Punxsutawney Phil]

A suggestion from across the pond: require police to provide medical care to suspects who request it, regardless if they are intoxicated or if an officer thinks they are making it up.

Thanks for the suggestion!

[KoopaDaQuick 🇵🇸]

A suggestion from across the pond: require police to provide medical care to suspects who request it, regardless if they are intoxicated or if an officer thinks they are making it up.

tell truman i said hi

[thumb21]

Introducing Scott's idea as an amendment:

Justice in Policing Act

Section 1: Police Accountability
1. The Southern government shall keep a registry of police misconduct complaints and disciplinary actions that occur within the region. Any disciplinary actions may be accessed by the public
2. The Southern Attorney General shall be instructed to establish an independent process to investigate all cases of misconduct and excessive force used by the police.
3. Qualified immunity shall no longer be a protected defense in the South. Any citizen may file suit against an officer or department for perceived violations of civil rights.
4. All regional and local police departments shall be mandated for vehicles to be equipped with dashboard cameras.
5. All regional, state and local law enforcement agencies shall be required to establish anti-bias and anti-discrimination training programs. These programs must be ongoing with officers participating in continuous professional development.
6. No regional, state or local law enforcement officer may use chokeholds or other carotid holds in order to receive regional funding. No-Knock warrants are hereby banned in the South.
7. Use of force may only be used when necessary to prevent the death or serious bodily injury. Deadly force may only be used as a last-resort after de-escalation attempts have been attempted.
8. Any officer who fires a weapon must immediately provide body camera footage and a detailed report of the incident and justification for use of a weapon. Failure to provide report or proof of misinformation may result in termination of employment.
9. In the event that a civilian requests or expresses need for medical attention, law enforcement shall be compelled to provide aid or transportation to an incapacitated subject.  Under no circumstance may physical force be applied to an individual requiring emergency medical care.

Section 2: Funding
1. $XXX shall be appropriated to regional, state and local agencies to carry out the clauses of Section 1.

Section 3: Implementation
1. All regional, state and local law enforcement agencies must be in compliance with this act by January 1, 2021.

[tmthforu94]

24 hours for objections to Thumb’s amendment.

[tmthforu94]

Thumb's amendment is adopted, debate resumes. I plan to introduce an amendment later today that addresses some points made earlier in the debate.

[reagente]

could the elimination of qualified immunity be striken from the bill? Or, even better, have it not apply in the sorts of cases relating to police brutality but kept elsewhere?

Yeah, I'd like more clarification on this. Is qualified immunity only being removed from police officers or in general?

[tmthforu94]

I am offering an amendment that addresses some of the points that have been made:
- specifying the language for qualified immunity (I lifted part of it from the legislation Scott wrote in Fremont, thank you) and that it only relates to police brutality cases, as requested by the Governor
- Further clarification on the wording on Clause 7, use of deadly force. To me it is hard to more specifically define when it is needed, other than the parameters that a life is in danger. In terms of accountability, that is why Clause 8 exists, to be able to verify that if this action is taken, it was done appropriately and out of necessity.

I am open and supportive to the idea of increasing pay for police officers, as it helps keep the best of the best in there and also better attracts top talent. Since there is a funding element I am going to leave it out of this amendment. By my rough calculations of the number of police officers and the average salary, we'd be looking at about a $1.4 billion price tag for a 10% salary increase. Instead, my preference would be to come up with a lump sump amount that is evenly distributed to departments, who then make the call on increases based on job performance.

Justice in Policing Act

Section 1: Police Accountability
1. The Southern government shall keep a registry of police misconduct complaints and disciplinary actions that occur within the region. Any disciplinary actions may be accessed by the public
2. The Southern Attorney General shall be instructed to establish an independent process to investigate all cases of misconduct and excessive force used by the police.
3. Qualified immunity shall no longer be a protected defense in the South. Any citizen may file suit against an officer or department for perceived violations of civil rights. In cases related to police brutality, it shall not be a defense or immunity to any action brought against a regional, state or local government official that the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that their conduct was lawful at the time when a person's rights secured by the Constitutions of the Commonwealth and of the Republic of Atlasia have not been appropriately protected.
4. All regional and local police departments shall be mandated for vehicles to be equipped with dashboard cameras.
5. All regional, state and local law enforcement agencies shall be required to establish anti-bias and anti-discrimination training programs. These programs must be ongoing with officers participating in continuous professional development.
6. No regional, state or local law enforcement officer may use chokeholds or other carotid holds in order to receive regional funding. No-Knock warrants are hereby banned in the South.
7. Use of force may only be used when necessary to prevent the death or serious bodily injury. Deadly force may only be used as a last-resort after de-escalation attempts have been attempted and there is a significant threat of death or serious physical injury to an officer or others.
8. Any officer who fires a weapon must immediately provide body camera footage and a detailed report of the incident and justification for use of a weapon. Failure to provide report or proof of misinformation may result in termination of employment.
9. In the event that a civilian requests or expresses need for medical attention, law enforcement shall be compelled to provide aid or transportation to an incapacitated subject.  Under no circumstance may physical force be applied to an individual requiring emergency medical care.

Section 2: Funding
1. $XXX shall be appropriated to regional, state and local agencies to carry out the clauses of Section 1.

Section 3: Implementation
1. All regional, state and local law enforcement agencies must be in compliance with this act by January 1, 2021.

24 hours for objections.

[diptheriadan]

I can't really get on board with the qualified immunity part. I'd like it gone completely.

[tmthforu94]

I can't really get on board with the qualified immunity part. I'd like it gone completely.

I'd encourage you to offer a separate amendment removing it so there can be a vote on that clause, the current amendment is an improvement on the original. Would that be okay??

[diptheriadan]

I can't really get on board with the qualified immunity part. I'd like it gone completely.

I'd encourage you to offer a separate amendment removing it so there can be a vote on that clause, the current amendment is an improvement on the original. Would that be okay??

That would.

[tmthforu94]

The amendment is adopted, debate resumes.

[KoopaDaQuick 🇵🇸]

In §2.1, do we have an idea of how to figure out what amount of money will be put aside to fund this bill? Perhaps consultation with the federal comptroller general, or maybe a fellow delegate who is better at calculating finances than me crunching some numbers?

[reagente]

Proposing an Amendment. I don't think removing this defense (which as I understand it, isn't an absolute defense for this conduct) makes sense because intent is very important for determining the gradation of the offense.  I will not vote for the bill without this change.

Justice in Policing Act

Section 1: Police Accountability
1. The Southern government shall keep a registry of police misconduct complaints and disciplinary actions that occur within the region. Any disciplinary actions may be accessed by the public
2. The Southern Attorney General shall be instructed to establish an independent process to investigate all cases of misconduct and excessive force used by the police.
3. In cases related to police brutality, it shall not be a defense or immunity to any action brought against a regional, state or local government official that the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that their conduct was lawful at the time when a person's rights secured by the Constitutions of the Commonwealth and of the Republic of Atlasia have not been appropriately protected.[/s]
4. All regional and local police departments shall be mandated for vehicles to be equipped with dashboard cameras.
5. All regional, state and local law enforcement agencies shall be required to establish anti-bias and anti-discrimination training programs. These programs must be ongoing with officers participating in continuous professional development.
6. No regional, state or local law enforcement officer may use chokeholds or other carotid holds in order to receive regional funding. No-Knock warrants are hereby banned in the South.
7. Use of force may only be used when necessary to prevent the death or serious bodily injury. Deadly force may only be used as a last-resort after de-escalation attempts have been attempted and there is a significant threat of death or serious physical injury to an officer or others.
8. Any officer who fires a weapon must immediately provide body camera footage and a detailed report of the incident and justification for use of a weapon. Failure to provide report or proof of misinformation may result in termination of employment.
9. In the event that a civilian requests or expresses need for medical attention, law enforcement shall be compelled to provide aid or transportation to an incapacitated subject.  Under no circumstance may physical force be applied to an individual requiring emergency medical care.

Section 2: Funding
1. $XXX shall be appropriated to regional, state and local agencies to carry out the clauses of Section 1.

Section 3: Implementation
1. All regional, state and local law enforcement agencies must be in compliance with this act by January 1, 2021.

[GM Team Member and Senator WB]

objecting to the amendment. Unless we've had some landmark Supreme Court case here that I'm missing, officers are still protected as long as they haven't violated "clearly established statutory or constitutional rights of which a reasonable person would have known". That's certainly too broad in my view. Now, if there has been some court case that's expanded the "clearly established" part that I don't know of, I urge you to cite it here.

[tmthforu94]

The objection has been noted, I am going to open a vote on the amendment in 24 hours.

[tmthforu94]

A vote has started on the following amendment, please vote AYE, NAY or ABSTAIN.

Justice in Policing Act

Section 1: Police Accountability
1. The Southern government shall keep a registry of police misconduct complaints and disciplinary actions that occur within the region. Any disciplinary actions may be accessed by the public
2. The Southern Attorney General shall be instructed to establish an independent process to investigate all cases of misconduct and excessive force used by the police.
3. In cases related to police brutality, it shall not be a defense or immunity to any action brought against a regional, state or local government official that the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that their conduct was lawful at the time when a person's rights secured by the Constitutions of the Commonwealth and of the Republic of Atlasia have not been appropriately protected.[/s]
4. All regional and local police departments shall be mandated for vehicles to be equipped with dashboard cameras.
5. All regional, state and local law enforcement agencies shall be required to establish anti-bias and anti-discrimination training programs. These programs must be ongoing with officers participating in continuous professional development.
6. No regional, state or local law enforcement officer may use chokeholds or other carotid holds in order to receive regional funding. No-Knock warrants are hereby banned in the South.
7. Use of force may only be used when necessary to prevent the death or serious bodily injury. Deadly force may only be used as a last-resort after de-escalation attempts have been attempted and there is a significant threat of death or serious physical injury to an officer or others.
8. Any officer who fires a weapon must immediately provide body camera footage and a detailed report of the incident and justification for use of a weapon. Failure to provide report or proof of misinformation may result in termination of employment.
9. In the event that a civilian requests or expresses need for medical attention, law enforcement shall be compelled to provide aid or transportation to an incapacitated subject.  Under no circumstance may physical force be applied to an individual requiring emergency medical care.

Section 2: Funding
1. $XXX shall be appropriated to regional, state and local agencies to carry out the clauses of Section 1.

Section 3: Implementation
1. All regional, state and local law enforcement agencies must be in compliance with this act by January 1, 2021.

Nay

[GM Team Member and Senator WB]

Nay

[Holy Unifying Centrist]

Aye

[reagente]

aye